IN RE ESTATE OF MYRTLE R. LEE, DECEASED. HENRIETTA CAREY, APPELLANT,
v.
ROBERT J. LEE, APPELLEE
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Florida appellate court affirmed dismissal of petition to remove estate administrator, holding that the challenger failed to rebut the strong presumption of validity of the administrator's marriage to the deceased.
A party attacking the validity of a marriage must rebut the strong presumption favoring the last marriage by exhausting available public records and presenting documentary evidence.
[1] A party challenging the validity of a marriage bears the heavy burden of rebutting the strong presumption favoring the last marriage and must exhaust available public rec…
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Join FLexlaw to unlock all legal intelligence“One of the strongest presumptions of the law exists in favor of the validity of the last marriage.”
Court stating the legal standard applicable to challenges to marriage validity.
Myrtle R. Lee died in November 1976, and her husband Robert J. Lee was appointed administrator of her estate. In March 1977, the deceased's aunt Henri…
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PER CURIAM.
Petitioner, Henrietta Carey, appeals an order dismissing with prejudice her petition for removal of personal representative.
Myrtle R. Lee died on November 29, 1976 and her husband, Robert J. Lee (respondent-appellee), as surviving spouse was appointed administrator of the estate upon filing a proper petition therefor. On March 21, 1977 Henrietta Carey, the deceased’s aunt, filed the instant petition requesting that Robert Lee be removed as personal representative because his marriage to the deceased was invalid in that he had been married on four occasions prior to marrying the deceased and did not legally divorce two of his past four wives. At the conclusion of petitioner’s case the court granted Robert Lee’s motion to dismiss and this appeal ensued.
One of the strongest presumptions of the law exists in favor of the validity of the last marriage. Teel v. Nolen Brown Motors, 93 So. 2d 874 (Fla.1957). The party attacking the legality of last marriage has the heavy burden of rebutting the presumption that such marriage is valid and all public records available should be exhausted in an effort to establish the fact of the absence of a divorce. See Teel, supra; King v. Keller, 117 So. 2d 726 (Fla.1960); Jablonski v. Caputo, 297 So. 2d 310 (Fla.2d DCA 1974).
After a review of the record, it is clear that petitioner-appellant failed to sustain her burden and in fact presented no documentary evidence nor proof of utilizing available public records.
Affirmed.
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In re Est. of Samuel Donner v. Anton, 364 So. 2d 742 (Fla. 3d DCA 1978)…s in favor of the validity of the last marriage. The party attacking the legality of the last marriage has the heavy burden of rebutting the presumption that such marriage is valid. Teel v. Nolan Brown Motors, 93 So. 2d 874 (Fla.1957); Carey v. Lee, 360 So. 2d 1111 (Fla. 3d DCA 1978). For the reasons expressed earlier in this opinion, Ruth has failed to sustain her required burden of proof on the issue of fraud.16 We therefore hold that Larna is Sam’s lawful widow and entitled to all of a widow’s rights under…
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Lilianan Guelman and Lidia Guelman v. Elba Formente de Guelman, 453 So. 2d 1159 (Fla. 3d DCA 1984)…ta Electric Corporation of America, 380 So. 2d 461 (Fla. 3d DCA 1980); Clausi v. Casner Motors, Inc., 112 So. 2d 587 (Fla. 3d DCA 1959). A marriage is presumed valid. Teel v. Nolen Brown Motors, Inc., 93 So. 2d 874 (Fla.1957); In Re Estate of Lee, 360 So. 2d 1111 (Fla. 3d DCA 1978); Grace v. Grace, 162 So. 2d 314 (Fla. 1st DCA 1964); Accord: In Re Estate of Marden, 355 So. 2d 121 (Fla. 3d DCA 1978). It is presumed that an official performing a marriage service, whether in a foreign or domestic jurisdiction w…
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Smith v. Heckler, 707 F.2d 1284 (11th Cir. 1983)…law exists in favor of the validity of the last marriage,” wheth [*1286] er the marriage was ceremonial or by common law. 25 Fla.Jur.2d Family Law §§ 45, 47 at 66-67 (1981); Teel v. Nolan Brown Motors, 93 So. 2d 874 (Fla.1957); In re Estate of Lee, 360 So. 2d 1111 (Fla.Dist.Ct.App.1978); McBride v. McBride, 130 So. 2d 302 (Fla.Dist.Ct.App.1961). This presumption outweighs the assumed continuation of the previous marriage, and the party attacking the validity of the second marriage bears the burden of proving…1 / 2
Authorities Cited
- Blanch Teel v. Nolen Brown Motors, Inc., 93 So. 2d 874 (Fla. 1957)
- E. H. Spach in Bankr. of the Ests. of Earl Albert Kleb & Clarence Charles Gehm v. Kleb, 117 So. 2d 726 (Fla. 1959)
- King v. Keller, 117 So. 2d 726 (Fla. 1960)
- Jablonski v. Caputo, 297 So. 2d 310 (Fla. 2d DCA 1974)